Carnegie Mellon University
University Policies  ›  Administrative and Governance  ›  Discriminatory and Sexual Misconduct Policy (Interim)  ›  III. Reporting

III. Reporting

The university strives to create an environment where all members of the university community are aware of options for informing the university about instances of suspected Prohibited Conduct, how to seek assistance and support, and how to pursue university action for their own protection and that of the entire campus community. This Policy distinguishes the action of making a Report of possible Prohibited Conduct from filing a Complaint. Thus, information shared about suspected Prohibited Conduct does not automatically trigger the initiation of grievance procedures (investigation or adjudication), as discussed below in Section VI.A. This section outlines the mechanisms for making a Report and how the university will respond to information it receives.

A. How to Make a Report

Any individual, including Students, Employees (including Faculty and Staff), or third parties are encouraged to submit Reports of suspected Prohibited Conduct directly to the IEX Office in-person, via email, phone call, or online.

The university maintains a Resource Guide for individuals who file reports of Prohibited Conduct that provides information for community members about obtaining support from campus and/or community resources, filing reports of Prohibited Conduct through the university's policies, and how to support a friend or family member who has been impacted by such conduct. Individuals who report Prohibited Conduct in Pennsylvania will also be informed of their rights as a victim of a crime under Pennsylvania law.

Inquiries about the application of civil rights laws to the university or questions regarding this Policy may be directed to the IEX Office, and may also be directed externally to the United States Department of Education's Office for Civil Rights ("OCR"), contact for which follows.

Office for Civil Rights
U.S. Department of Education
400 Maryland Avenue, SW Washington, D.C. 20202-1100
Phone: (800) 421-3481
Fax: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: https://www.ed.gov/ocr

U.S. Equal Opportunity Commission ("EEOC")
131 M Street, NE
Washington, D.C. 20507
Phone: (800) 669-4000
Email: info@eeoc.gov
Web: https://www.eeoc.gov/

B. Mandatory Employee Reporting

Except as noted below, all Carnegie Mellon Employees are required to report information about potential violations of this Policy to the IEX Office/Title IX Coordinator. Reports may be submitted by phone (412-268-7125), email (institutionalequity@andrew.cmu.edu), or in-person by visiting the IEX Office at 4615 Forbes Ave., Pittsburgh, PA 15213. In addition:

  • All teaching assistants are required to report information about potential violations of this Policy that is received within the Student's role as a teaching assistant.
  • All Resident Assistants and Community Advisors are required to report all potential violations of this Policy, regardless of whether such information is received in the course of the Student worker's role as an RA or CA.

Sharing information with the IEX Office does not automatically trigger the university to initiate a Complaint or impose any obligations on the Complainant. However, disclosing information to the IEX Office enables the university to assess appropriate responsive action, including offering Supportive Measures so that individuals may maintain equal access to their education, residential, and/or work environments. As detailed in Section VI.A, in some circumstances, the IEX Office may initiate a Complaint based on the information received.

With respect to Students who are also Employees, whether the individual is a mandatory reporter depends on the context in which the person learns of the alleged Prohibited Conduct. Mandatory reporter responsibilities are triggered if the person learned of the alleged Prohibited Conduct in the context of an Employee role, when they would, in that role, be considered a mandatory reporter. Mandatory reporter responsibilities are not triggered if the person learned of the alleged Prohibited Conduct in the context of their receipt of an education as a Student at Carnegie Mellon. However, student workers employed as a Resident Assistant or as a Community Advisor are required to report all potential violations of this Policy, regardless of whether such information is received in the course of the student worker's employment or as a student.

Exceptions to Mandatory Reporting:

  • Confidential Employees:
    Confidential Employees (see Section IV) are not required to make a Report when a person informs them of conduct that may constitute Prohibited Conduct if that information is provided while the Confidential Employee is functioning within the scope of their duties to which confidentiality applies.

    If you are unsure of whether you are required to report information, please contact the IEX Office in order to help clarify your responsibilities.
  • Public Awareness Events:
    Disclosures of alleged Prohibited Conduct that occur at public awareness events (e.g., Take Back the Night, candlelight vigils, protests, or survivor speak-outs in which participants may disclose incidents of Prohibited Conduct) are exempt from mandatory reporting (i.e., need not be reported to IEX Office/the Title IX Coordinator).

C. Anonymous Reporting

Any individual may make a report of Prohibited Conduct to the IEX Office, and if preferred, may do so without disclosing one's name using the online reporting portal, available online and by phone, listed above and here:

cmu.ethicspoint.com
844-587-0793

Depending on the level of information available about the incident or the individuals involved, the university's ability to respond to an anonymous report may be limited. The university will, however, take whatever steps it deems appropriate and in the best interests of the overall university community, consistent with the information available. The university will never refuse to respond to a report solely on the grounds that it was made anonymously. When a known Complainant wishes to remain anonymous, the university will seek to respect the request of the Complainant, and where it cannot do so, will explain why.

Filing an anonymous report does not satisfy the mandatory reporting obligations of Employees under Section III.B.

D. Reports to Law Enforcement

An individual who experiences, witnesses, or learns of possible criminal conduct may contact law enforcement directly by calling:

  • 911 (for emergencies off-campus)
  • University Police Department
    300 South Craig Street
    Pittsburgh, PA 15213
    (412) 268-2323 (for emergencies on-campus)
    campuspd@andrew.cmu.edu

Making a report to law enforcement does not generally obligate an individual to pursue a criminal complaint, or to participate in the university's disciplinary process. An individual may choose to participate in the university's disciplinary process, an external criminal process, both, or neither. In the event that both criminal and disciplinary processes are at issue, the university may comply with law enforcement requests for temporary delays in the disciplinary process in order to permit law enforcement to gather evidence for a criminal investigation.

Information about local medical care, local hospitals, including where a person may obtain an examination by a Sexual Assault Nurse Examiner (SANE) is available on the website for IEX Office.

Medical care may address physical and mental health concerns, including, where applicable, those related to pregnancy and/or sexually transmitted infections. Medical providers may also be able to assist in the collection and preservation of evidence. The ability to collect and preserve evidence of Sexual Assault is limited in time, so it is essential that care be sought as soon as possible. Individuals should avoid showering/bathing, douching, and, if possible, urinating. In the event of oral sexual contact, individuals should avoid eating, drinking, or brushing teeth. Any soiled clothes, towels, or bedding should be retained in paper bags. Preserving physical evidence in this manner may facilitate a criminal investigation, but seeking medical treatment does not obligate an individual to pursue a criminal complaint.

E. How the Office for Institutional Equity and University Police Share Information about Prohibited Conduct

The university's process for addressing Prohibited Conduct is separate from the law enforcement process for addressing crimes.

The university believes that the decision as to whether to report a crime should be left to the individual(s) impacted by the crime, except in limited circumstances such as where there may be an immediate threat to the university community or other legal obligation to report. The IEX Office will share de-identified information about Reports with University Police where required for the purpose of complying with the university's federal reporting obligations, to facilitate accurate compilation of crime statistics, and to ensure that other public safety responsibilities are addressed. In extremely limited circumstances, the IEX Office may share identifying information with University Police. This may include circumstances where the university is obligated to report a "Timely Warning" pursuant to Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (e.g., when a crime has been committed on or near University Property which represents a serious, ongoing threat and/or is part of an ongoing pattern). Sharing such information does not constitute a criminal complaint to law enforcement, although the University Police Department may contact individuals to offer assistance, inquire about their willingness to preserve evidence, or file a criminal complaint.

Making a report to the University Police means that information will be shared with others as is necessary and/or appropriate. For example, if an individual makes a report of Prohibited Conduct to the University Police Department that has not already been reported to the IEX Office, the University Police Department will report the matter to the IEX Office. The purpose of this report is to ensure that the university can take appropriate actions to seek to eliminate Prohibited Conduct, prevent its recurrence, and remedy its effects. The Complainant or others may be contacted by the IEX Office to follow up on the information received from the University Police Department to offer supportive measures, including filing a Complaint with the IEX Office.

F. Training

University employees may be required to complete periodic training related to compliance with this Policy and/or applicable federal, state, and local civil rights laws. The IEX Office, in coordination with the Office of the Provost, Office of the Dean of Students, and Human Resources will determine the periodic training requirements for faculty, staff and students.

Additional training on specific topics is required of investigators, decisionmakers, facilitators of any Alternative Resolution Process, and the university's Title IX Coordinator and designees.

Information regarding such training requirements will be published on the IEX website.

G. Amnesty for Students When Reporting Prohibited Conduct to the University

Individuals who were drinking alcohol or using drugs at the time an incident of alleged Prohibited Conduct occurs may be hesitant to make a Report or Complaint, or participate as a Party or witness in an investigation due to concerns about being charged with disciplinary violations. In order to address these concerns, and encourage the prompt reporting of information related to known or suspected Prohibited Conduct, the university will not pursue violations of the university's Alcohol and Drug Policy and/or Hazing Policy against any Student when information involving alcohol or drug use is revealed as part of in an investigation under this Policy, as long as any such violations did not and do not place the health or safety of any other person at risk. The university may, however, initiate an assessment, educational discussion, or pursue other developmental interventions (non-disciplinary options) to address hazing or the use of alcohol or other drug use.

Discriminatory and Sexual Misconduct Policy (Interim)

  1. Policy Statement
  2. Jurisdiction
  3. Reporting
  4. Confidential Resources and Privacy
  5. How the University Responds to Reports
  6. How a Complaint is Resolved
  7. Definitions
  8. Title IX Coordinator

Appendix A: Possible Disciplinary Sanctions and Remedies

Appendix B: Expert Witness Testimony